Any party affected by the vacation of a street, alley, or highway pursuant to this chapter may appeal within 30 days of the decision of the governing body vacating the street to the circuit court of the county in which the lands are situated, and upon such appeal, the proceeding shall be tried de novo, either party having the right to demand trial by jury when and as demand is authorized in civil actions. The appeal shall not suspend the effect of the decision of the governing body unless the appealing party shall give bond, with sureties, in an amount to be determined by the circuit judge. From the judgment of the circuit court, an appeal may be taken within 42 days by either party to the Court of Civil Appeals or the Supreme Court in accordance with the Alabama Rules of Appellate Procedure.
(Acts 1931, No. 49, p. 62; Code 1940, T. 56, §30; Act 2004-323, p. 548, §1.)
Notes of Decisions
City of Mobile v. Pinto Island Land Co., 5 So. 3d 1248 (Ala. Civ. App. 2007).
· cites it 4× “Pinto Island appealed from the City's decision to the Mobile Circuit Court, pursuant to Ala.Code 1975, § 23-4-5. [1] In the circuit court, Pinto Island filed a motion, supported by various evidentiary submissions, seeking a summary judgment declaring the City's vacation…”
Sara Johnson Crossfield v. Limestone Cnty. Comm'n, 164 So. 3d 547 (Ala. 2014).
· cites it 12× “On June 5, 2013, Crossfield filed an appeal of the Commission's vacation of the road in the Limestone Circuit Court ("the trial court") pursuant to § 23-4-5, Ala. Code 1975 ("Any party affected by the vacation of a street, alley, or highway pursuant to this chapter may appeal…”
Traveka Stanley, Reginald Burrell, Charlie Gray, Jermaine Pringle, & Ranquel Smith v. Kay Ivey, Governor of Alabama, & John Hamm, Comm'r of the Alabama Dep't of Corr., in their Off. capacities (Ala. 2025).
· cites it 2× “Perhaps the most intriguing statutory example is § 23-4-5, Ala. Code 1975, which provides that "[a]ny party affected by the vacation of a 10Before the adoption of the Alabama Code of 1975, review of a circuit court's order concerning a fire marshal's order by the Court of…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.